The petitioner relied on the said application that marriage of the parties was solemnised according to Hindu rites and ceremonies, hence divorce to be granted according to the Hindu Marriage Act, 1955.
An application has been filed in Supreme Court, opposing the PIL filed by BJP leader and Supreme Court advocate Ashwini Kumar Upadhyay for uniformity in personal laws regulating divorce, maintenance and alimony for citizens of India.
The Court has framed guidelines for maintenance and it includes payment, criteria for determining the quantum and date from when it has to be awarded. It also covers overlapping jurisdiction on the issue.
The Supreme Court has sought the Central government's response on a plea seeking "gender and religion-neutral uniform grounds of maintenance and alimony" for all Indian citizens in the spirit of Articles 14, 15, 21, 44 of the Constitution and international conventions.
The Court has given progressive judgments on women’s property rights. While some ensured equal rights to daughters even when the father had died, others saw to it that married women were not left in the lurch due to desertion.